Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Guthries v. the Laird of Guthry
Date: 9 June 1677
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In the action, Guthries in Arbroath contra the Laird of Guthry, it was found,
1mo, One that stands infeft only in an annualrent furth of lands, cannot pursue a reduction of rights of the property, as of a comprising, or wadset, or irredeemable disposition of that land.
2do, That an annualrenter cannot properly pursue an action for maills and duties, but only its natural action of poinding the ground, unless the annualrenter has used arrestment in the tenants' hand, and then he may pursue maills and duties, or rather to make them forthcoming. See this remarked alibi, in the fifth leaf of my manuscript of Miscellaneous Law Observations.
3tio, Though in the dispositive part there be three sundry annualrents mentioned and disponed; yet if the seasine at the clause about the act of tradition of earth and stone and a penny, bear only infeftment to have been given of one of the annualrents, through the omission and informality of the notary, they will get poinding of the ground for no more but that one annualrent expressed, till they take a new seasine for the rest.
4to, The benefit of a possessory judgment, is sometimes a good defence against maills and duties, but not against an infeftment of annualrent; though it will hinder and stop the tenants from being decerned in maills and duties, yet it will not stay the ground from being poinded. See the information of this cause beside me. See thir parties, 8th November, 1679, [Dictionary, page 9069;] item, [Boog against Muir, 30th July, 1679.] Vide infra, [No. 579,] Sir John Scot's case, [June, 1677.]
